Showing : 1-10 of 115 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80(2)-- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit - Suit against Government - Non service of notice u/s 80 CPC - Amounts to formal defect - Suit can be withdrawn with liberty to file fresh suit...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Appeal from original decree - Cross-objections - Period of limitation is one month from the date of service of notice on respondent or his pleader...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Publication of notice in a newspaper - Purpose of publication of substituted service is to bring to the notice of defendant about pendency of proceeding - Notice should be published in a newspaper having wide circulation in the locality, where defendant voluntarily resides...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot be deemed to be a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........

Showing : 1-10 of 115 Results